Rajasthan High Court - Jodhpur
Gopal Singh & Ors. vs . State Of Rajasthan & Anr. on 20 March, 2015
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
1
S.B. CRIMINAL MISC. PETITION NO.658/2015
Gopal Singh & Ors. Vs. State of Rajasthan & Anr.
Date of order : 20.03.2015
HON'BLE MR. JUSTICE VIJAY BISHNOI
Mr. Sheetal Kumbhat for the petitioners. Mr. Vikram Rajpurohit, Public Prosecutor.
This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners with a prayer for quashing FIR No.430/2014 of Police Station Udaimandir, Jodhpur for the offences punishable under Sections 420, 467, 468, 471 and 472/120-B I.P.C.
In the impugned FIR, the complainant has alleged that the accused persons have executed a contract with him while agreeing to sell six bighas of agriculture land belong to them situated in Village Narnadi, Tehsil Luni, District Jodhpur. It is contended that though the respondent No.2 has paid major part of agreed amount way back in the year 2004-05, but the petitioners have not executed the sale deed on one or another excuse. It is further alleged that on 13.3.2014, the respondent No.2 came to know that the petitioners have sold the agriculture land to some other persons.
Learned counsel for the petitioners has 2 submitted that from bare reading of the contents of FIR, it is clear that no case for commission of any crime is made out against the petitioners and the dispute between the petitioners and respondent No.2 is purely of civil nature. It is also contended on behalf of the petitioners that the FIR filed by the respondent No.2 is highly belated as the same has been filed after a delay of about 7 months.
Issue notice. Issue notice of stay petition also.
Learned Public Prosecutor accepts notice on behalf of the State.
Issue notice to the respondent No.2 only. Notice is made returnable on 6th of April, 2015.
Meanwhile, no charge sheet shall be filed agaisnt the petitioners in connection with FIR No.430/2014 of Police Station, Udaimandir, Jodhpur.
[VIJAY BISHNOI],J.
Babulal/ 39